HB25 Alabama 2021 Session

Under existing law, the Department of Corrections may classify certain inmates in the state prison system as a minimum security risk and allow them to participate in a work release program

Under existing law, inmates eligible for work release may leave a correctional institution unaccompanied by a custodial agent

This bill would define work release and provide that certain inmates convicted of a violent offense who participate in work release are subject to electronic monitoring

This bill would also make nonsubstantive, technical revisions to update the existing code language to current style

Relating to supervision of violent offenders; to amend Sections 14-8-1 and 14-8-2, Code of Alabama 1975, to require electronic monitoring for certain inmates participating in work release; and to make nonsubstantive, technical revisions to update the existing code language to current style.

Section 1

Sections 14-18-1 and 14-8-2, Code of Alabama 1975, are amended to read as follows:

§14-8-1.

For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section.

(1) BOARD DEPARTMENT. The Board Department of Corrections.

(2) COMMISSIONER. The Commissioner of the Board Department of Corrections.

(3) STATE CORRECTIONAL INSTITUTIONS. Such term shall mean and include Draper Correctional Center in Elmore; Frank Lee Youth Center in Deatsville; Atmore State Prison Farm in Atmore; the State Cattle Ranch in Greensboro; Julia Tutwiler Prison for Women in Wetumpka and all road camps Any correctional institution under the jurisdiction of the department.

(4) INMATE. A person either male or female, convicted of a felony and sentenced to a term of confinement and treatment in a state correctional institution under the jurisdiction of the board department.

(5) WORK RELEASE. Participation by an inmate in paid or unpaid employment away from the confines of a state correctional institution accompanied or unaccompanied by a correctional officer.

§14-8-2.

(a) The board is authorized to department may adopt regulations and policies rules permitting the commissioner to extend the limits of the place of confinement of an inmate, as to whom there is reasonable cause to believe he will know his trust, by authorizing him, under prescribed conditions, to leave the confines of that place unaccompanied by a custodial agent for a prescribed period of time to work at paid employment while continuing as an inmate of the institution or facility in which he shall be confined except during the hours of his employment or seeking of employment and traveling thereto and therefrom to allow an inmate to participate in work release. Inmates shall may participate in paid employment work release at the discretion of the board department.

(b) The board department may adopt regulations as to rules regarding the eligibility of those inmates who are classified as minimum security risks for the extension of confinement or the entering and may enter into agreement between the board and agreements with any city, county, or federal agency for the housing of these inmates in a local place of confinement. The board shall department, as the need becomes evident, shall designate and adapt facilities in the state prison system to accomplish the purpose of this article.

(c)(1) As a condition of release pursuant to subsection (a), an inmate serving a sentence for a conviction of a violent offense, as provided in Section 12-25-32, in which death, serious physical injury, as provided in Section 13A-1-2, or forcible compulsion, as provided in Section 13A-6-60, was an element of the crime, shall be subject to electronic monitoring.

(2) The department shall be responsible for the costs of the electronic monitoring."

Section 2

This act shall become effective on October 1, 2021, following its passage and approval by the Governor, or its otherwise becoming law.